Page:History of New South Wales from the records, Volume 1.djvu/657

 AND CRIMINAL COURTS. 533 be given for the defendant or defendants, Wee do hereby likewise 1787 give full power and authority to the said Court to award costs to such defendant or defendants, and to issue like process of execution coets to for the same as in cases where costs are awarded to any plaintiff ^^'endant.. or plaintiff : And if either party shall find him or themselves aggrieved by any judgment or decree to be given or pronounced by the said Court, our will and pleasure is that he, she, or they shall and may appeal to the Governor of the eastern coast of New South Wales Appeal and the parts adjacent, or in case of his death or absence to the Governor liieatenant-Qovemor for the time being, whom Wee do hereby empower and authorize to hear and determine the same, and to issue process of summons to answer to such appeal and the like process of execution as the said Court is hereby directed and empowered to issue : And if either party shall find him, her, or themselves aggrieved by the judgment or determination of the said Governor in any and Privy case where the debt or thing in demand shall exceed the value of ^^^"• X300, and not otherwise, our will and pleasure is that such party -so aggrieved may appeal to us or our heirs and successors in Council. And Wee do further will and ordain that no appeal shall be admitted from the judgment of the said Court, unless the same shall be interposed within eight days after the said judgment, nor Time for from the judgment of the Superior Court unless the same shall »PP«^ be interposed within fourteen days after the judgment of such Superior Court; And further, that the said Court may proceed in a summary way by foreign attachment of goods debts and Attachment, effects of debtors in the hand or possession of other persons residing in the place aforesaid : And Wee further will and ordain that all complainants at Maintenance whose suits any persons shall be imprisoned shall make an allow- f^ pr^n, ance to each of such defendants after such rate for every day so long as such defendants shall be kept in prison as the said Court shall direct, and in default of payment thereof for one week such person shall be discharged out. of prison, and such discharge out of prison shall be a discharge of the debt, unless the complainant shall before any new proceeding against such defendants pay or tender to them all the arrears of such allowance from the time of the last payment to the time of such new proceeding. Provided always that such defendant do make oath before the if unable to Judge Advocate, to his satisfaction, that he hath not any estate oi: Smseif ° effects sufficient to maintain himself with necessaries in the prison, otherwise that such allowance be not made to him. And whereas it is necessary that a Court op Criminal Juris- criminal DICTION should also be established within the colony or settlement ^"^• Digitized by Google